in particular the Occupational Safety and Health (OSH) Act 1994 with regard to OSH at the workplace.Therefore, employers are to carry out OSH Programs at the workplace so as to ensure a conduciveworking environment. One essential form of OSH Programs at the workplace to ensure the safety andhealth of those working in or visiting the workplace is Workplace Audit. Workplace audit can beimplemented through workplace organization methodology of 5s Practices or undertaken by adopting theelements in the MS 1722:2011.
NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCES,OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES (NADOPOD)Economic growth and technological developments have brought about significant economic and socialbenefits especially on the quality of life. In contrast, new technologies and new work procedures havegiven rise to new hazards and risks of accidents and diseases, which have resulted in great increases inthe number of people killed and injured at workplace.Section 32 of OSH Act 1994, as pointed up beneath, states that all accidents, dangerous occurrence,occupational poisoning and occupational diseases at the workplace must be reported to the nearestDOSH office. Subsequently, there is one noteworthy Regulation under the OSH Act 1994 that employerneed to take note. This regulation is the “Occupational Safety and Health (Notification of Accident,Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 orNADOPOD” gazette on 24th April 2004. SECTION 32: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY (1) An employer shall notify the nearest occupational safety and health office of any accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred or is likely to occur at the place of work. Remarks: The employer is required to notify accidents, dangerous occurrences, occupational poisoning and diseases to the nearest Occupational Safety and Health office. (2) Every registered medical practitioner or medical officer attending to, or called in to visit, a patient whom he believes to be suffering from any of the diseases listed in the Third Schedule of the Factories and Machinery Act 1967, or any disease named in any regulation or order made by the Minister under this Act, or occupational poisoning shall report the matter to the Director General. Rem arks: A registered m edical practitioner or m edical officer is required to report to the Director General if he attends to or visit a patient whom he believes to be suffering from any of the diseases listed in the Third schedule of Factories and Machinery Act 1967 or any disease listed under the Declaration of Occupational Diseases 2000.The aim of this NADOPOD regulation is to provide a method for employers on how to report and keep
record of work related accidents, dangerous occurrences, occupational poisonings and occupationaldiseases that had occurred at the place of work. Regulation 2 as pointed out beneath, states the industrialactivities which applies and also exemption from adherence to this regulation.Regulation 2: ApplicationThese Regulations shall apply to all industrial activities except: a) A nuclear installation. b) An installation under the armed forces. c) A vehicle or vessel transporting hazardous substances to or from the site of an industrial activity. d) An industrial activity in which there is involved or likely to be involved a quantity of hazardous substance or a category or categories of substances which is or are equal or less than ten per cent of the threshold quantity of the hazardous substance or substances.Regulation 3: InterpretationIt present some of the pertinent point which the NADOPOD regulation applies: a) “Major accident” means an occurrence including, in particular, a major emission, fire or explosion resulting from uncontrolled development in the course of an industrial activity which leads to serious danger to persons, whether immediate or delayed or inside or outside and installation, or to the environment, and involving one or more hazardous substances. b) “Major hazard installation” means an industrial activity which produces, processes, handles, uses, disposes of or stores, whether permanently or temporarily, one or more hazardous substances or a category or categories of hazardous substances in a quantity or quantities which is or are equal to or exceed the threshold quantity, or an industrial activity which is so determined by the director. c) “Serious bodily injury” means any injury listed in Schedule 1. d) “Fatal injury” means injury leading to immediate death or death within one year of the accident. e) “Non-fatal injury” means: i. A lost-time injury which prevents a worker from performing normal work and leads to permanent or temporary incapacity for work. ii. A no-lost-time injury where no work time is lost beyond that is required for medical attention. f) “Dangerous occurrence” means an occurrence arising out of or in connection with work and is of a class specified in Schedule 2 as elaborate in Table 7.2. g) “Accident” means an occurrence arising out of or in connection with work which results in fatal injury or non-fatal injury.SERIOUS BODILY INJURYWhat represent serious bodily injury? As stated aforementioned, it means any injury listed in Schedule 1as shown in Table 7.1.
Table 7.1: Serious Bodily Injury. FIRST SCHEDULE [sub regulation 5(1)] SERIOUS BODILY INJURY 1. Emasculation 2. Permanent privation of the sight of either eye 3. Permanent privation of the hearing of either ear 4. Privation of any member or joint 5. Destruction or permanent impairing of the powers of any member or joint 6. Permanent disfiguration of the head or face 7. Fracture or dislocation of the bone 8. Loss of consciousness from lack of oxygen 9. Loss of consciousness or acute illness from absorption, inhalation or ingestion of any substance, which requires treatment by a registered medical practitioner 10. Any case of acute ill health where there is a reason to believe that this resulted from occupational exposure to isolated pathogen or infected material 11. Any other work related injury or burns which results in the person injured being admitted immediately into hospital for more than 24 hoursDANGEROUS OCCURRENCEIt means an occurrence arising out of or in connection with work and is of a class specified in Schedule 2as elaborate in Table 7.2. Table 7.2: Dangerous Occurrence. SECOND SCHEDULE [sub regulation 5(1)] DANGEROUS OCCURRENCE PART I DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE WHEREVER THEY OCCUR COLLAPSE OF SCAFFOLDING 1. A collapse or part collapse of any scaffold which is more than five meter high which results in a substantial part of the scaffold falling or overturning. COLLAPSE OF A BUILDING OR STRUCTURE 2. At any building or structure under construction, reconstruction, alteration, or demolition, a collapse or partial collapse of any part of the building or structure, or of any false work, except where the manner and extent of collapse or partial collapse was intentional. ELECTRICAL SHORT CIRCUIT 3. Electrical short circuit or overloaded attended by fire or explosion which resulted in the stoppage of the plant involved for more than 24 hours and which, might have been liable to cause serious bodily injury to any person. ESCAPE OF A SUBSTANCE 4. The uncontrolled release or escape of any substance or agent in circumstances which might be liable to cause damage to health of or serious injury to, any person. EXPLOSION, FIRE OR FAILURE OF STRUCTURE 5. Explosion, fire or failure of structure affecting the safety or strength of any place of work or plant contained therein. 6. Any explosion or fire occurring in any place of work due to the ignition of processed material, their by-products or finished products which resulted in the stoppage or suspension of normal work in that place for more than 24 hours.
7. The bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.8. The bursting, explosion or collapse of a pipeline or any part thereof, or the ignition of anything in a pipeline, or anything which immediately before it was ignited was in a pipeline.9. The explosion, collapse, bursting or failure of structure affecting the safety or strength of any closed vessel including a steam boiler or an unfired pressure vessel; the loss of water, the melting of fusible plug and the bursting of a tube.10. Fire or explosion in a warehouse or storage area where hazardous substances are stored.LIFTING MACHINERY, ETC.11. The collapse of, the overturning of or the failure of any load bearing part of any crane, derrick, winch, hoist, piling frame, lift, excavator or other appliance used in raising or lowering persons or goods, or any part thereof. PART II DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO MINESBREATHING APPARATUS1. An incident where a breathing apparatus, or a smoke helmet or other apparatus serving the same purpose or a self- rescuer, while being used, fails to function safely or develops a defect likely to affect its safe working.2. An incident, at any mine, where immediately after using and arising out of the use of a breathing apparatus or a smoke helmet or other apparatus serving the same purpose or a self-rescuer, any person receives first-aid or medical treatment by reason of his unfitness or suspected unfitness at the mine.DREDGE3. Sinking or overturning of a dredge.ELECTRIC SHOCK4. An incident where any person suffers electric shock or burns from any electrical circuit, equipment or installation which requires first-aid or medical treatment at a mine.ESCAPE OF GAS5. Any violent outburst of gas together with coal or other solid matter into the mine workings except when such outburst is caused intentionally.FAILURE OF PLANT OR EQUIPMENT6. The breakage of any rope, chain, coupling or other gear of a similar kind, by which persons are carried through any shaft, staple-pit or un walk able outlet7. The breakage of any rope, chain, coupling or other gear of a similar kind, used for the transport of persons below ground or breakage of the belt of a conveyor designated as a man-riding conveyor while man are being carried.8. An incident where any conveyance being used for the carriage of persons is over wound, or any conveyance not being so used is over wound and becomes detached from its winding rope, or any conveyance operated by means of the friction of a rope on a winding sheave is brought to rest by the apparatus provided in the head frame of the shaft or in the part of the shaft below the lowest land for the time being in used, being apparatus provided for bringing the conveyance to rest in the event of its being over wound.9. The stoppage of any ventilating apparatus (other than an auxiliary fan) causing a substantial reduction in ventilation of the mine lasting for a period exceeding 30 minutes except when for the purpose of planned maintenance10. The collapse of any head frame, winding engine house, fan house or storage bunker, screen or tippler house or vehicle gantry.FIRE OR IGNITION OF GAS11. The ignition, below ground, of any gas (other than gas in safety lamp) or of any dust.12. The accidental ignition of any gas in part of a fire damp drainage system on the surface or in an exhauster house.13. The outbreak of any fire below ground.14. An incident where any person in consequence of any smoke or any other indication that a fire may have broken out below ground, has been caused to leave any mine15. The outbreak of any fire on the surface endangering the operation of any winding or haulage apparatus installed at a shaft or unworkable outlet or of any mechanically operated apparatus for producing ventilation below ground.INJURY BY EXPLOSION OF BLASTING MATERIAL16. An incident where any person suffers an injury resulting from an explosion or discharge of any blasting material or device
for which he receives first-aid or medical treatment at the mine.INRUSH OF GAS OR WATER17. Any inrush of noxious or flammable gas from old workings.18. Any inrush of water or material which flows when wet from any source.INSECURE TIP19. Any movement of material or any fire or any other event which indicates that a mine is or is likely to become insecureLOCOMOTIVES20. Any incident where an underground locomotive when not used for shunting or testing purposes is brought to rest by means other than its safety circuit protective devices or normal service brakes. PART III DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO QUARRIES1. The collapse of any load-bearing structure which carries processing plant, storage equipment, storage bunker or access ways.2. An incident where any person suffers an injury resulting from an explosion or discharge of any blasting material or device for which he receives first-aid or medical treatment at the quarry.3. An occurrence where any substance is ascertained to have been projected beyond a quarry as a result of blasting operations in which any person is or likely to be endangered.4. An incident where any person suffers electric shock or burns from any electrical circuit, equipment or installation which requires first-aid or medical treatment at the quarry.5. Any movement of material or any fire or any other event which indicates that a quarry is or likely to become insecure PART IV DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO FORESTRY1. Uncontrolled falling of an adjacent tree or tree branches as a result of felling operation.2. Uncontrolled falling of log during the process of loading or transporting or unloading operation.3. Overturning of skidder or lorry or tractor or truck or any other vehicle used in transporting of logs.4. Breaking or snapping of log sling or other cables used during tree felling or skidding or transporting of logs or other related operations.5. Accidents involving vehicles used in transporting logs or personnel.6. Uncontrolled sliding of logs on steep slopes during felling, or barking or bucking or skidding or loading or unloading operation.7. Derailment of locomotive used in transporting logs or personnel. PART V DANGEROUS OCCURRENCES WHICH ARE NOTIFIABLE IN RELATION TO AGRICULTURE1. Overturning of tractor and other farm vehicles.2. Accidents involving any vehicles used in transporting raw materials, pesticides, farm products or personnel’s.RESPONSIBILITY OF EMPLOYERSIn reporting the accidents, dangerous occurrence, occupational poisoning and occupational diseases, thefollowing forms will be used:JKKP FORMS DESCRIPTION JKKP 6 Report For Occupational Accident/ Dangerous Occurrence (Individual) JKKP 7 Report for Occupational Poisoning/Occupational Disease (Individual) JKKP 8 Register of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease (Annual Accident, Poisoning and Disease Summary) JKKP 9 Accident Data/Information on Accident JKKP 10 Data For Occupational Poisoning And Disease
Guideline on how to fill up the above mentioned forms can be obtain through browsing the DOSHWebsite http://www.dosh.gov.myNOTIFICATION OF ACCIDENT AND DANGEROUS OCCURRENCESRegulation 5 call for “Any occupational accident that causes death, serious bodily injury as specified inFirst Schedule as detailed in Table 7.1 and any dangerous occurrences as specified in Second Scheduleas detailed in Table 7.2, have to be reported by the employer to the nearest DOSH office by phone orwhatever media using JKKP 6 and Record in JKKP 8. DEATH/ SERIOUS BODILY INJURY /DANGEROUS OCCURRENCE • REPORT IMMEDIATELY TO THE NEAREST DOSH OFFICE • SUBMIT REPORT WITHIN 7 DAYS USING FORM JKKP 6 • RECORD IN JKKP 8 INJURY THAT PREVENT THE PERSON DOING HIS NORMAL OCCUPATION FOR MORE THAN 4 CALENDAR DAYS • SUBMIT REPORT WITHIN 7 DAYS USING FORM JKKP 6 • RECORD IN JKKP 8 Remarks Form JKKP 8 is the register of all accidents, dangerous occurrence, occupational poisonings and occupational disease ranging from a minor cut to the most serious accident or poisoning irrespective whether they had been reported or notified earlier using forms JKKP 6 or JKKP 7. All employers have to submit this register to the Director General before 31st January of each year.Consequently, if the injury of the person is less serious which prevent the person from doing his normaloccupation for more than four calendar days, the employer has to submit a written report.Consequently, all accidents, dangerous occurrences, occupational poisonings and occupational diseasethat had occurred at the work place must be reported using forms JKKP 7 and recorded in JKKP 8. Awritten report must then be submitted to the nearest DOSH office within seven days. OCCUPATIONAL POISONINGS AND OCCUPATIONAL DISEASE • SUBMIT REPORT WITHIN 7 DAYS USING FORM JKKP 7 TO BE ACCOMPANIED WITH DOCTOR’S REPORT • RECORD IN JKKP 8Regulation 6 specify on “Exemption from requirement of regulation 5 to self-employed persons” wherebyParagraph 5(1) (aa) shall not apply to a self-employed person who is injured at premises of which he isthe owner or occupier, but paragraph 5(1) (bb) shall apply to such self-employed person (other than in thecase of death) and it shall be sufficient compliance with the regulation if the self-employed person makesarrangements for the report to be sent to the DOSH office by some other person.NOTIFICATION OF OCCUPATIONAL POISONING AND OCCUPATIONAL
DISEASERegulation 7 imposes the need to “Reporting of cases of occupational poisoning and occupationaldisease” at the workplace. Any case of the occupational poisonings or occupational diseases specified incolumn 1 of Third Schedule and the work involves one of the activities specified in the correspondingentry in Column 2 of that schedule as elaborate in Table 7.3, the employer shall, within seven days, send areport thereof to the nearest DOSH office in an approved form JKKP 10 - Data For OccupationalPoisoning And Disease.Every registered medical practitioner or medical officer attending to, or called in to visit, a patient whomhe believes to be suffering from any of the occupational poisoning or occupational disease listed in ThirdSchedule, shall within seven days report the matter to the Director General in an approved form and at thesame time, notify the employer whom the patient states is his employer. Table 7.3: Occupational Poisoning and Occupational Disease. THIRD SCHEDULE (REGULATION 7) OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE COLUMN 1 COLUMN 2Description of occupational poisoning or disease ActivityPOISONING1. Poisoning by: Any activity. (a) Acrylamide monomer(b) Alcohols, glycols, ketones or aldehyde The use or handling of, or exposure to, the fumes s or vapor of alcohols, glycols, ketones or aldehydes.(c) Antimony The use or handling of, or exposure to, the fumes, dust or vapor of antimony or a compound of antimony or a substance containing antimony.(d) Arsenic The use or handling of, or exposure to, the fumes, dust or vapor of arsenic or a compound of arsenic or a substance containing arsenic or exposure to any solution containing arsenic or a compound of arsenic.(e) Benzene or a homologue The use or handling of, or exposure to, the fumes, dust or vapor containing benzene or any of its homologues and their amino and nitro derivatives.(f) Beryllium or one of its compounds The use or handling of, or exposure to, the fumes, dust or vapor of beryllium or a compound of beryllium or a substance containing beryllium.(g) Cadmium The use or handling of, or exposure to, the fumes, dust or vapor of cadmium or a compound of cadmium or a substance containing cadmium.(h) Carbon disulphide The use or handling of, or exposure to, the fumes, dust or vapor of carbon disulphide or a compound of carbon disulphide or a substance containing carbon disulphide.(i) Carbon monoxide gas The use or handling of, or exposure to, carbon monoxide gas, and any
process involving the use of: (a) Dynamite and gunpowder for blasting in subterranean galleries. (b) Illuminating gas. (c) Power or producer gas. (d) Blast furnaces, furnaces and stoves for the burning of charcoal coke and other fuel. (e) Gas engines.(j) Carbon dioxide gas Blasting, the manufacture of mineral waters, fermentation in breweries and the formation of lime in lime kiln.(k) Chromium The use or handling of, or exposure to, the fumes, dust or vapor of chromium or a compound of chromium or a substance containing chromium.(l) Diethylene dioxide (dioxane) The use or handling of, or exposure to, the fumes of, or vapor containing diethylene dioxide.(m) Ethylene oxide Any activity.(n) Fluorine The use or handling of, or exposure to, the fumes, dust or vapor of fluorine or a compound of fluorine or a substance containing fluorine.(o) Hydrogen cyanide or hydrogen The use or handling of, or exposure to, the fumes or vapor of hydrogen sulphide gas cyanide or hydrogen sulphide.(p) Lead or compound of lead The use or handling of, or exposure to, the fumes, dust or vapor of lead or a compound of lead or a substance containing lead.(q) Manganese or its compounds The use or handling of, or exposure to, the fumes, dust or vapor of manganese or a compound of manganese or a substance containing manganese.(r) Mercury or one of its compound The use or handling of, or exposure to, the fumes, dust or vapor of mercury or a compound of mercury or a substance containing mercury.(s) Methyl bromide Any activity.(t) Nitrochlorobenzene, or nitro, amino or Any activity. chloro-derivative of benzene or of a homologue of benzene(u) Nickel The use or handling of, or exposure to, the fumes, dust or vapor of nickel or a compound of nickel or a substance containing nickel.(v) Nitrous fumes The use or handling of nitric acid or exposure to nitrous fumes.(w) Organochlorine, organophosphate, The use or handling of organochlorine, organophosphate, carbamate, carbamate, nitrophenol, nitrophenol pentachlorophenol, dimethyldithiocarbamate, or compounds of pentachlorophenol, dimethyldithio- chlorophenoxy and dipyridyl for the destruction of pests or vermin carbamate or compounds of chlorophenoxy. and dipyridyl(x) Phosphorus The use or handling of, or exposure to, the fumes, dust or vapor of phosphorus or a compound of phosphorus or a substance containing phosphorus
(y) Rengas wood The manipulation of rengas wood or any process in or incidental to the manufacture of articles there from.(z) The halogen derivatives of aliphatic or The production, liberation or use of hydrocarbons of the aliphatic series or aromatic hydrocarbons aromatic series and their halogen derivatives.INFECTIONS2. Anthrax Any occupation involving the handling of wool, hair, bristle, hides or skins or other animal products or residues, or contact with animals infected with anthrax.3. Glanders Any occupation involving contact with equine animals or their carcasses.4. Leptospirosis Any occupation involving work in rat or other rodent infested places and any occupation involving the care or handling of dogs, cattle, swine and horses or any other infected animals.5. Tuberculosis or leprosy Any occupation involving close or frequent contact with a source or sources of tuberculosis or leprosy infection by reason of employment: (a) in the medical treatment or nursing of a person or persons suffering from tuberculosis or leprosy or in a service ancillary to such treatment or nursing; (b) in attendance upon a person or persons suffering from tuberculosis or leprosy where the need for such attendance arises by reason of physical or mental infirmity; (c) as a research worker engaged in research in connection with tuberculosis or leprosy; or (d) as a laboratory worker, pathologist or postmortem worker, where the occupation involves working with material which is a source of tuberculosis or leprosy infection or in any occupation ancillary to such employment6. Viral hepatitis Any occupation involving: (a) Close and frequent contact with human blood or human blood products. (b) Close and frequent contact with a source of viral hepatitis infection by reason of employment in the medical treatment or nursing of a person or persons suffering from viral hepatitis, or in a service ancillary to such treatment or nursing.7. Any illness caused by a pathogen Work involving a pathogen which presents a hazard to human health.8. Acquired Immunodeficiency Syndrome Any occupation involving: (AIDS) (a) Close and frequent contact with human blood or human blood products. (b) Close and frequent contact with a source of aids infection by reason of employment in the medical treatment or nursing of a person suffering from aids, or persons infected with a human immunodeficiency virus (HIV), or in a service ancilliary to such treatment or nursing.9. Acne Work involving exposure to mineral oil, tar, pitch or arsenic.10. (a) Ulceration of the corneal surface of the Any occupation involving the use or handling or exposure to, tar, pitch, padi (b) eye husk, bitumen, mineral oil (including paraffin), soot, organic dust or any Localised new growth of the skin, residue of any of these substances. papillomatous or keratotic
Epitheliomatous cancer or ulceration of(c) the skin due, in any case, to tar, pitch, padi husk, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue of any of these substances11. Folliculitis Work involving exposure to mineral oil, tar, pitch or arsenic.12. Skin cancer Work involving exposure to mineral oil, tar, pitch or arsenic.13. Chrome ulceration Any occupation involving the use or handling of chromic acid, chromate or bichromate of ammonium, potassium, zinc or sodium, or any preparation or solution containing any of these substances.14. Inflammation, ulceration or malignant Any occupation involving exposure to X-rays, ionizing particles, radium, or diseases of the skin or subcutaneous other radioactive or subcutaneous tissues of the substances or other tissues of the bones or leukaemia, or forms of radiant energy. anaemia of the aplastic type, due to X-rays, ionizing particles, radium or other radi oactive substances or other forms of radiant energy15. Subcutaneous cellulitis or acute bursitis Any occupation involving manual labour causing severe or prolonged arising at or about the causing severe or friction or pressure at or about the knee. prolonged friction or pressure knee (Beat knee16. Subcutaneous cellulitis of the hand (Beat Any occupation involving manual labour causing severe or prolonged hand) friction or pressure on the hand.17. Subcutaneous cellulitis or acute bursitis Any occupation involving manual labour the causing severe or prolonged arising at or about elbow (Beat elbow) on friction or pressure on the elbow. the elbow.18. Occupational dermatitis Any occupation involving the handling of mineral oils, acids, alkalis, dusts or any other external agents capable of irritating the skin.19. Skin disease caused by Rengas wood The manipulation of Rengas wood or any process in or incidental to the manufacture of articles there from.LUNG DISEASES20. Lung cancer or mesothelioma caused by Any occupation involving the mining, processing or handling of materials asbestos or handling of materials containing asbestos. containing asbestos21. Broncho pulmonary disease Any occupation involving the substantial exposure to the inhalation of hard- metal dust, cotton dust, flax or hemp or sisal or tea leaves or padi husk dust.22. Pulmonary irritation Any occupation involving the inhalation of sulphur oxides, chlorine, phosgene, ammonia, bromine, ozone, or nitrogen dioxide.23. Occupational asthma caused by Any occupation involving the exposure to the inhalation of mineral dusts sensitising agents or irritants such as cement, copper, zinc, animal dusts, such as bone or hair, or dusts of plant origin such as cotton, wood, flax, jute, padi husks, cork, spices, hemp, sisal, tobacco, tea, flour, or gases or vapours of toluene
diisocyanate or formaldehyde or any other agent that can cause asthma.24. Pneumoconiosis (silicosis,asbestosis, Any occupation involving: anthracosilicosis, stannosis, siderosis or (a) The mining, quarrying or working of silica siderosilicosis) rock or the siderosilicosis) working of dried quartzose sand or any dry deposit or dry residue of25. Extrinsic alveolitis (farmer’s lung) silica or any dry admixture containing such materials. (b) The handling of any of the materials specified in subparagraph (a) in or incidental to any of the operations mentioned therein or substantial exposure to the dust arising from such operations. (c) The breaking, crushing, or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint or substantial exposure to the dust arising from such operations. (d) Sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint or substantial exposure to the dust arising from such sand blasting. (e) The grinding of mineral graphite, or substantial exposure to the dust arising from such grinding. (f) Work in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations: (i) The freeing of steel castings from adherent siliceous substance. (ii) The freeing of metal castings from adherent siliceous substance. (g) The manufacture of china or earthenware (including sanitary earthenware, electrical earthenware tiles), and any occupation involving substantial exposure to the dust arising there from. (h) The dressing of granite or any igneous rock by masons or the crushing of such materials or substantial exposure to the dust arising from such operations. (i) The use or preparation for use, of a grindstone or substantial exposure to the dust arising there from. (j) Boiler scaling or substantial exposure to the dust arising there from. (k) The working or handling of asbestos or any admixture of asbestos, or the manufacture or repair of asbestos textiles or other articles containing asbestos, or substantial exposure to the dust arising from any of the foregoing operations. (l) Work in any mine (underground or aboveground) in which one of the objects of the mining operations is the getting of any minerals, or the working, or handling of any mineral extracted there from, or any operation incidental thereto. (m) The manufacture of carbon electrodes for use in the electrolytic extraction of aluminium oxide, and any occupation involving substantial exposure to the dust arising there from. (n) Exposure to the inhalation of dust containing iron and silica or hematite; (o) Exposure to the inhalation of tin dust or fumes; the use or handling of, or exposure to, dust of talc or a substance containing talc. (p) The use or handling of, or exposure to, the fumes, dust or vapour of aluminium or a substance containing aluminium. Exposure to moulds, including fungal spores or heterologous proteins during work in: (a) Agriculture, horticulture, forestry, cultivation of edible fungi or malt- working. (b) Loading or unloading or handling in storage mouldy vegetable matter or edible fungi. (c) Caring for or handling birds. (d) Handling bagasse. The use or handling of, or exposure to, padi husk or dust or a (e) substance containing padi husk.
26. Byssinosis Work in any room where any process up to and including the weaving process is performed in a factory in which the spinning or manipulation of27. Cancer of a bronchus or lung raw or waste cotton or of flax, or the weaving of cotton or flax, is carried on.28. Fibrotic diseasesOTHER CONDITIONS Work in a factory where nickel is produced by decomposition of a gaseous29. Cancer caused by nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or (a) 4-aminobiphenyl incidental thereto is carried on. (b) Arsenic (c) Benzene Any occupation involving lung, the use or handling of, or exposure to, the (d) Benzidine fumes, dust or vapour of coal or a substance containing coal. (e) Bis-chloro methyl ether (f) Chromium Any occupation involving (g) Haematite (h) Mustard gas The use or handling of, or exposure to, the fumes, dust or vapour of 4- (i) â-naphthylamine aminobiphenyl or a substance containing 4-aminobiphenyl. (j) Nickel (k) Soots, tars and oils The use or handling of, or exposure to, the fumes dust or vapour of (l) Vinyl chloride arsenic or a substance containing arsenic. (m) Particulate polycyclic aromatic The use or handling of, or exposure to, the fumes, dust or vapour of hydrocarbon benzene or a substance containing benzene; The use or handling of, or exposure to, the fumes, dust or vapour of benzidine or a substance containing benzidine. The use or handling of, or exposure to, the fumes, dust or vapour of bis- chloro methyl ether or a substance containing bis-chloro methyl ether. The use or handling of, or exposure to, the fumes, dust or vapour of chromium or a substance containing chromium. The use or handling of, or exposure to, the fumes, dust or vapour of haematite or a substance containing haematite. The use or handling of, or exposure to, mustard gas or a substance containing mustard gas. The use or handling of, or exposure to, the fumes, dust or vapour of â- naphthylamine or a substance containing â-naphthylamine. The use or handling of, or exposure to, the fumes, dust or vapour of nickel or a substance containing nickel. The use or handling of, or exposure to, soots, tars and oils. The use or handling of, or exposure to, the fumes, dust or vapour of vinyl chloride or a substance containing vinyl chloride. The use or handling of, or exposure to, the fumes, dust or vapour of polycyclic aromatic hydrocarbon or a substance containing polycyclic aromatic hydrocarbon.
(n) 1,2-dibromoethane (ethylene The use or handling of, or exposure to, the fumes, dust or vapour of dibromide) ethylene dibromide or a substance containing ethylene dibromide.(o) Wood dust The use or handling of, or exposure to, wood dust arising from the manufacture of wood products.(p) Benz-o-pyrene The use or handling of, or exposure to, the fumes, dust or vapour of benz- o-pyrene or a substance containing benz-o-pyrene.(q) Formaldehyde The use or handling of, or exposure to, the gas of formaldehyde.30. Heat radiation cataract Any occupation involving frequent or prolonged exposure to the glare of, or rays from, molten glass or molten or red-hot metal or frequent or prolonged exposure to radiation.31. Heat cramp or heat stroke Any occupation involving excessive exposure to heat.32. Inflammation of the synovial lining of the Any occupation involving manual labour or frequent or repeated movement wrist joint and tendon sheaths of the hand or wrist.33. Cramp of the hand or forearm due to Any occupation involving prolonged periods of hand writing, typing or other repetitive movements repetitive movements of the fingers, hand or arm.34. Compressed air illness or its sequelae Any occupation or process carried on in compressed air or under water.35. Hearing impairment caused by noise Any occupation involving excessive exposure to industrial noise of high sound pressure level in excess of 85 decibels over 8-hour period.36. Diseases caused by vibration (disorders of Any occupation involving subjection to vibration. muscles, tendons, bones, joints, peripheral blood vessels or nerves)Regulation 8 specifies the “Exemption from requirement of Regulation 7 to self-employed persons”. Subregulation 7(1) shall not apply to a self-employed person unless that person has been informed by aregistered medical practitioner or a medical officer that he is suffering from a poisoning or a disease sospecified and it shall be sufficient compliance with sub regulation 7(1) if that person makes arrangementsfor the report to be sent to the Department of Occupational Safety and Health office by some other personwithin 7 days of the date he is being informed by the registered medical practitioner or a medical officer.NO INTERFERENCE AT ACCIDENT OR DANGEROUS OCCURRENCESCENERegulation 9 imposes on “No interference at accident or dangerous occurrence scene”. Where theaccident or dangerous occurrence causes the death of any person or serious bodily injury to any person orserious damage and dangerous to plant or other property, no person shall, unless authorized to do so,remove or in any way interfere with or disturb any plant, substance, article or thing related to the incidentexcept to the extent necessary to: a) Save the life of, prevent injury to, or relieve the suffering of any person. b) Maintain the access of the general public to an essential service or utility. c) Prevent further damage to or serious loss of property or environment.
RECORDSRegulation 10 specify on “Records”. The Regulation requires employers to maintain records of allaccidents, dangerous occurrences, occupational poisonings and occupational diseases. Form JKKP 8 isthe register of all accidents, dangerous occurrences, occupational poisonings and occupational diseasefrom calendar year January 1 to December 31. These records must be kept by all employers for a periodof five years in their respective premises. The employer shall send an extract for the last 12 months fromthe records every year to the DG before 31st January of the following year using JKKP 8.Regulation 11 specify on “Requirement of further information”. The Director General may, by notice inwriting served on any person who has furnished a report under regulations 5, 6, 7 and 8, required thatperson to give to the Director General such information specified in Fourth Schedule as elaborated inTable 7.4 as may be specified in the notice and within the time limit so specified. Table 7.4: Requirement of Further Information. FOURTH SCHEDULE [REGULATION 11] MATTERS WHICH THE DIRECTOR GENERAL MAY REQUIRE TO BE NOTIFIED 1. Further details of the circumstances leading to the reported incident. 2. Further details about the nature and/or design of any plant involved in the reported incident. 3. Safety systems and procedures for the control of the plant or substance involved in the reported incident. 4. Qualification, experience and training of staff, consultants or advisers having use or control of any plant or substance or concerned with safety systems or procedures. 5. Design and operation documentation. 6. Arrangements for the protection of personnel from any plant or substance connected with the reported incident. 7. Details of any examination of, or test carried out on, any plant or installation involved in the reported incident. 8. Any available information about levels of exposure of persons at the work place to airborne substances. Made 7 April 2004 [JKKP BP (S) 127/9/25(3); PN(PU2)541/VII] DATUK WIRA DR. FONG CHAN ONN Minister of Human Resources.AMENDMENT OF SCHEDULERegulation 12 specify on aspect of “Amendment of Schedule”. The Minister may, by order published inthe Gazette, amend any Schedule to these Regulations from time to time. The DG may serve notice forfurther information after the initial notification made by the employer.Regulation 13 specify on aspect of “Penalty”. Any person, who contravenes any provision of theseRegulations, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousandringgit or to imprisonment for a term not exceeding one year or to both.CONCLUSIONThe OSH Act 1994 impose on the employer to report to the nearest DOSH office all accidents, dangerousoccurrence, occupational poisoning and occupational diseases which occur at the workplace.Subsequently, on 24th April 2004, a new regulation under OSH Act 1994 known as the Notification of
Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease or NADOPOD wasgazette. The aim of this regulation is to provide a method for employers on how to report and keep recordof work related accidents, dangerous occurrences, occupational poisonings and occupational diseases thathad occurred at the place of work.The salient point emphasize by the Regulation is that all employers must keep records and report allAccident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease at the workplace.This information need to be send to DOSH by using the forms JKKP 6, JKKP 7, JKKP 8, JKKP 9 andJKKP 10. Any person, who contravenes any provision of these Regulations, commits an offence and shall,on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term notexceeding one year or to both.
CONCLUSIONOn the occupational safety and health agenda, this book have highlight some aspects that will helpemployers and employees at the workplace, to create a safe and healthy work environment. This bookwill also assist the readers and those involved in the business sector to understand the relevant laws,identify hazards, assess risk and control risks in the workplace and implement the Occupational Safetyand Health Management System. The book discussed on diverse topic mentioned beneath.Malaysia is also not free from workplace accidents. Hence, the employer’s must be concerned aboutsafety and health management aspects of their employees. Occupational Safety and Health (OSH) is aboutpreventing accidents, diseases, preventing injury and death and ensuring a favorable working environmentat the workplace. There are various theories of accident causation that discuss about accident at theworkplace. Some of the theories are “Single Factor Theory, Domino Theories (Henrich’ Domino Theory,Bird and Loftus’ Domino Theory, Marcum Domino Theory, Multiple Causation Accident Theories,Psychological/Behavioral Accident Causation Theories, Energy-Related Accident Causation Theoriesetcetera.Responsibility for safety and health in the workplace lays with those who create the risks (employers) andthose who work with the risks (employees). Of the total number of accidents reported in 2009, 34,376were industrial accidents, which include cases of occupational diseases, while total commuting accidentsstood at 20,810 cases. From the total number of accidents reported in 2009, the numbers of deaths due toemployment injury are 1,231. SOCSO provides coverage to eligible employees through two schemesnamely Employment Injury Insurance Scheme and Invalidity Pension Scheme.The Employment Injury Insurance Scheme provide the benefits of invalidity pension, invalidity grant,survivor’s pension, rehabilitation, funeral benefit, constant attendance allowance and educational loan.While, Invalidity Pension Scheme provided Invalidity Pension, Invalidity Grant, Constant AttendanceAllowance, Survivor’s Pension, Funeral Benefit, Rehabilitation Benefit and Education Benefit. Aclaimant can make a claim under the Employment Injury Scheme and the Invalidity Pension Scheme.Subsequently, there is one noteworthy Regulation under the OSH Act 1994 that is “Occupational Safetyand Health (Notification Of Accident, Dangerous Occurrence, Occupational Poisoning And OccupationalDisease) Regulations 2004 or NADOPOD” gazette on 24thApril 2004. The aim of this regulation is to
provide a method for employers on how to report and keep record of work related accidents, dangerousoccurrences, occupational poisonings and occupational diseases that had occurred at the place of work.Consequently, all accidents, dangerous occurrences, occupational poisonings and occupational diseasethat had occurred at the work place must be reported using the prescribe forms that is JKKP 6, JKKP 7,JKKP 8, JKKP 9 and JKKP 10.Occupational Safety and Health (OSH), like many other management activities consists of planning,organizing, leading and controlling. Employers are responsible to ensure the implementation of OSH atthe workplace. From the above mentioned discussion, in the nut shell the law requires the employer toformulate safety policy, set up safety committee, appoint Safety Health Officer, and maintain workplaceand working environment that is safe and healthy. Employers also shoulder other duties that are equallyessential to ensure safety and employee health care. It entails the employer to design OSH programs. Thiscan be undertaken by implementing either MS 1722:2011 or OHSAS 18001 at the workplace. OSHMS -MS 1722:2011 consist of five elements and 19 actions which organizations have to be taken intoconsiderations towards adopting the said standard. Implementing either or both the OSHMS -MS1722:2011 and OHSAS 18001 will assist organizations to appraise and develop a favorable workingenvironment at the workplace.The Historical Perspective of Safety Legislations in Malaysia looks into the development of OSH Lawsbeginning in 1913 with the introduction of the Machinery Enactment of 1913. This Machinery Enactmentof 1913 lasted till 1927 when it was replaced by Machinery Enactment of 1927. In 1927 a new MachineryEnactment of 1927 came into force. However this enactment was superseded by another enactment that isthe Machinery Enactment of 1932. In 1953, all the machinery enactments of the Federated Malay States,Unfederated Malay States and the Straits Settlement were abolished and substituted with the MachineryOrdinance 1953. In 1967, the Factory and Machinery Act was approved by the Parliament which leads tothe abolishment of the Machinery Ordinance 1953. In 1970, the Factory and Machinery Act and its eightregulations were enforced but only in Peninsula Malaysia. Subsequently the Act was enforced in Sabahand Sarawak in 1980. Hence by 1980, the Factory and Machinery Act was enforced in Malaysia. Theinspectors who enforce the act are renamed as Factory and Machinery Inspector.Another development is the enforcement of the Petroleum Act (Safety Measures) in 1984. In 1985 sawfurther development with the proposal to the National Advisory Council of Occupational Safety andHealth to establish a National Institute of Occupational Safety and Health (NIOSH). Subsequently, theOSH Act 1994 or Act 514, a new legislation, was approved by the Parliament in 1993 and gazette onFebruary 1994. This legislation was promulgated given that the FMA 1967 merely cover occupationalsafety and health in the manufacturing, mining, quarrying and construction industries.Department of Occupational Safety and Health (DOSH) enforce the above mentioned laws. The evolutionof DOSH organization is categorized into five periods that is Steam Boiler Safety Period - before 1914;Machinery Safety Period - 1914 till 1952; Industrial Safety Period - 1953 till 1967; Industrial Safety andHygiene Period – 1968 till 1993; and Occupational Safety and Health Period – 1994 and after.To ensure the safety and health at work of all employees in the workplace, employers should carry outhazard identification, risk assessment, risk control and, monitoring and review from time to time to
control the risks. Risk can be measured through Qualitative methods, Semi Quantitative and QuantitativeAnalysis. Risk is a combination of Likelihood and Consequences/Severity which is associated withunsafe event which causes injury, damage or loss caused by the hazard. Other factors that need to be takeninto consideration are the exposure factor that is the number of people exposed to hazards.In undertaking risk assessment using the Qualitative Risk Assessment Method, words are used to describethe “Likelihood and Consequences/Severity “to risk factors. Since there are four levels in theinterpretation of “Consequences/Severity” and the four levels in the interpretation of “Likelihood”, hencethis interaction has resulted in three scales that is “LOW, MEDIUM and HIGH”.In the risk assessment methods using the Quantitative Risk Assessment, words that were used in theQualitative Risk Assessment methods are given value from one till four to explain the “Likelihood andConsequences/Severity.” For example the risk factor of “HIGH” is given the value of “4” to reflect therisk factors as “Very Likely”. The consequence is it “Can cause death or damage to facilities.” There areseveral ways to control risk. A hierarchy of control measures can be applied to all hazards by using thehierarchy of control which begin either by Elimination, Substitute, Isolate, Engineering Control and/orusing Personal Protective Equipment. To conduct HIRARC at the workplace, the Job List Form, HIRARCForm and HIRARC Risk Table will be make use of. The next step is to use the “Borang HIRARC” toIdentify Hazards.The employer is required by the law to conduct accident investigation at the workplace and also to notifyaccidents, dangerous occurrences, occupational Poisoning to DOSH. The legal requirements pertaining tothe need to conduct accident investigations at the workplace are the OSH Act 1994 and FMA 1967. ThePurpose of Accident Investigation is: a) To find out the cause of accidents and to prevent similar accidents in the future. b) Identify the cause of the accident. c) Find methods to prevent accident from recurring. d) To determine the cost of an accident.For accident investigation to be on the right footing, top management right down to the accident victim hasroles and responsibilities to play. The Management, Department, Safety and Health Units/investigators areto ensure accidents are investigated and corrective actions are taken. When an accident, incident occurs atthe workplace, accident/initial report is made by the supervisors to relevant Department for attention ofthe top management. Subsequently, the accident is recorded for further actions. Investigations areconducted and corrective actions are taken.Procedure for conducting an accident investigation will be based on the type of accident at the workplace.The investigator in performing accident investigation applies the following steps i.e. Plan theinvestigation, Implement corrective actions, Conclusion and write an accident report. An accidentinvestigation is considered complete with a report is prepared and submitted to proper authorities such asDOSH and SOCSO.
BIBLIOGRAPHYAkta Kualiti Alam Sekeliling (1974).Azuddin Bahari, Hanum Hassan &Tunku Salha Tunku Ahmad. (2009). Keselamatan dan Kesihatan Pekerjaan Dalam Perniagaan Kecil. Kangar: Penerbit Universiti Malaysia Perlis, Kangar.Azuddin Bahari, Hanum Hassan, Faridah Wahab, Norazam Abd Rashid, Rusnani Omar. (2009). Keselamatan dan Kesihatan Pekerjaan Dalam Makmal. Kangar: Penerbit Universiti Malaysia Perlis.Companies Act (1965).C.RayAsfahl & David W. Rieske. (2010).Industrial Safety and Health. Management, Pearson.Department of Standard Malaysia, Occupational Safety and Health Management Systems MS 1722:2011.Employees’ Social Security (ESS) Act (1969).Employees’ Social Security (General) Regulations (1971).Factories and Machinery Act (1967).Garis Panduan Bagi Akta Keselamatan dan Kesihatan Pekerjaan, Pertubuhan Kebajikan dan Sukan, JKKP: 2006.Goetsch, D. L. (2004). Occupational Safety and Health for Technologists, Engineers, and Managers (5th ed.). Upper Saddle River, NJ: Prentice Hall.http://www.perkeso.gov.my/en/component/search/? searchword=industrial+accidents&ordering=newest&searchphrase=allhttp://www.managementstudyguide.com/management_levels.htmhttp://www.smecorp.gov.my/node/33http://www.dosh.gov.my/dosh\/2/http://www.perkeso.gov.my/http://www.jobsdb.com.ph/MY/EN/V6HTML/JobSeeker/handbook/regulation-of- employment/SOCSO_6.htmhttp://www.pinoy-abroad.net/img_upload/9bed2e6b0cc5701e4cef28a6ce64be3d/Ismail Bahari. (2006). Pengurusan Keselamatan dan Kesihatan Pekerjaan. Edisi Kedua, McGraw Hill.
ILO-OSH 2001 Guidelines on Occupational Safety and Health Management Systems.Mark A. Friend, James P. Kohn. (2010). Fundamental of Occupational Safety and Health. Government Institutes.Occupational Safety and Health Act (1994).Society Acts (1966).The New Straits Times. (2011,31 December). The Worker’s Hope in Time of Trouble
INDEXAAccident Investigation ActFactories and Machinery ActOSH Act 1994Petroleum Act (Safety Measure)armed forcesaudit methodologies scopeauditor lead internalBbodily injuryBuilding Operations or Works of Engineering Construction(BOWEC)CCertificate of Fitnesscommunicationcompetence and trainingconcept of self-regulationconstructionconsultationcontinual improvementcontractingcontrollingcorrective actionDdangerous occurrencedealing with claimDepartment Representative/HODdiseases and inquirydredgedriverdutiesemployers
manufacturersself-employed personsSafety and Health CommitteeEeducation benefitemployee participationEmployment Injury Insurance Schemeevaluationevolution of DOSHFFactories and Machineries Act 1967factoryfatal injuryFederated Malay StatesfracturesHhazard identificationHazard Identification, Risk Assessment and Risk Control (HIRARC)historical perspective of safety legislationshotels and restaurantsIindustrial safety period hygiene periodindustriesinjury loss of eyesight loss of hearing unconscious severe burn severe cutInternal Safety Management System (SMS) Audit Programme
investigationInvalidity Pension Scheme grant Internal AuditorLlaws pertaining accident investigationMMachinery Enactment of 1913Machinery Enactment of 1927Machinery Enactment of 1932Machinery Ordinance 1953machinery safety periodmanagement control functions reviewmanufacturingmatrix organizationsmedical benefit constant attendance allowance dependent’s education funeral loss of eyesight loss of hearing temporary disablement permanent disablement rehabilitation surveillancemedium enterprises SME’sMerchant Shipping Ordinance 1952Merchant Shipping Ordinance 1960 of Sabah or Sarawakmicro enterprise SME’smiddle level managersmining and quarryingNNational Advisory Council of Occupational Safety and HealthNational Institute of Occupational Safety and Health (NIOSH)non-fatal injury
notification accidents dangerous occurrence occupational poisoning industrial diseasesOOccupational Safety and HealthPolicyOSH Program 1OSH management planning Organizing learning controllingOSHMS DocumentationPpanelPanel of Examiners and Board of Appealpenalty offence failure to comply with noticeperformance monitoring and measurementperiodical inspectionsplan the investigationprevailing lawsprevention and control measurespreventive actionpreventive and corrective actionprocedure Internal Auditprocurementproject organizationprovisions relating to welfarepublic services and statutory authoritiesRregulation and ordersregulations
Rehabilitation Benefitresponsibility and accountability of employerriskassessmentmanagementSSafety and Health OfficerSalient Provisoseiketsu (standardization)seiri (sort)seiso (cleanliness)seiton (systemize)Selangor Boiler Enactmentserious bodily injuryseverity of the hazard or riskshitsuke (discipline)short title and applicationsmall businessessmall enterprises SME’sSocial Security Appellate BoardSteam Boiler Safety Period Surveyors boilerlicensed Survivor’s PensionTtolerable risktop level managerstrade wholesale retailUUnfederated Malays Statesutilities electricity gas watersanitary servicesW
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